자동차관리법위반등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
A person who intends to conduct a motor vehicle management business of "2017 Highest 4032" shall register with the head of a Si/Gun/Gu as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
Nevertheless, without being registered with the competent authority, the Defendant is equipped with painting work equipment, such as compressors, paintes, and presses, and the exhauster work equipment, etc. in the operation of Defendant B located in Eunpyeong-gu Seoul Metropolitan Government, and carried out painting and repair work on September 13:17, 2017 at the top of the steering line of the D SPP motor vehicle, which was requested to repair at around December 1, 2017, and carried out a motor vehicle management business by carrying out the business of painting and repair of the E-motor vehicle, which was requested to repair on December 1 of the same year.
A person who intends to install emission facilities of "2018 Highest 139" shall obtain permission from a Mayor/Do Governor or report to a Mayor/Do Governor, as prescribed by Presidential Decree.
On December 1, 2017, the Defendant: (a) installed in “C” without filing the aforementioned report; and (b) installed in the painting facility of 79 cubic meters, which is an air discharging facility, with the equipment necessary for the painting of vehicles, such as compressors, presses, industrial bags, and various paints, and used the equipment necessary for the painting of vehicles; and (c) used the devices necessary for the painting of vehicles.
Accordingly, the Defendant used emission facilities installed without reporting.
Summary of Evidence
"2017 Highest 4032"
1. Statement by the defendant in court;
1. A written accusation;
1. Investigation report (verification as to whether the automobile management business is registered);
1. Suppression photographs 2018 Mano 139;
1. Statement by the defendant in court;
1. Investigation report (report on detection of a person who violates the atmospheric environment conservation Act and the Automobile Management Act);
1. Application of Acts and subordinate statutes to photographs showing offenses;
1. Relevant legal provisions concerning facts constituting an offense, and Articles 79 subparag. 13 and 53 subparag. 1 (generally, choice of imprisonment with prison labor) of the Automobile Management Act, and Articles 90 subparag. 1 and 23 subparag. 1 (Selection of Imprisonment with prison labor) of the Air Quality Conservation Act;
1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act (the punishment shall be heavier) of the aggravated concurrent crimes.